District Court of Appeal of Florida

Defendant's conviction and sentences for trafficking in cocaine, possession of cannabis, and DUI is reversed in part as to the misdemeanor DUI conviction due to improper admission of breath test evidence. The following question is certified for review: does admission of a breath test affidavit violate the confrontation clause and Crawford when the technician who performed the test does not testify?

Appellate Information

• Decided 07/28/2006
• Published 07/28/2006

Judges

• CASE, JAMES R., Associate Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.